When Justice Began at Home in Washington, DC, Circa 1900 (Part Two)

George Mason University - Antonin Scalia Law School, Faculty; The Green Bag

Date Written: November 17, 2017

Abstract

Nowadays, “[a]n application addressed to an individual Justice [of the Supreme Court of the United States] shall be filed with the Clerk, who will transmit it promptly to the Justice concerned if an individual Justice has authority to grant the sought relief.” It hasn’t always worked that way. Indeed, for most of the Supreme Court’s history, litigants (or their counsel) who had business with individual Justices generally felt free to deal directly with those Justices, and the Justices generally reciprocated. This was partly a matter of law and partly a matter of practicality.

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